We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
FILOSOFIA DO DIREITO E TEORIA JURÍDICA EM HABERMAS: IMPLICAÇÕES RECONSTRUTIVAS PARA UMA TEORIA DA SOCIEDADE.
- Authors
Hansen, Gilvan Luiz; Hamel, Marcio Renan
- Abstract
This text examines the distinction and relation between legal philosophy and legal theory in the book Law and Democracy by Jürgen Habermas. To that end, I seek at first to reflect on the concepts of law sociology and philosophy of justice from the dialogue that opposes Habermas to Dworkin and Rawls, on the philosophical basis of equality and distribution. Subsequently, we analyse the arguments about the social integrative function of law that Habermas develops from the works of Parsons and Weber, in order to see what Habermas meant by integrative function of law as well as the contribution of that category for a reconstructive theory of the society. The conclusion points to the link between his philosophy of right to a sociological theory, when, through the concept of communicative reason, he eschews metaphysical discussions of the absolute and seeks to develop a concept of society capable of resisting the dimensions of the life world and system.
- Subjects
HABERMAS, Jurgen, 1929-; DWORKIN, Ronald William, 1959-; RAWLS, John, 1921-2002; SOCIOLOGICAL jurisprudence; HUMAN rights -- Philosophy; JURISPRUDENCE; SOCIAL theory
- Publication
Veritas, 2011, Vol 56, Issue 3, p72
- ISSN
0042-3955
- Publication type
Article